It is never a pleasant situation to have debts, but it is also very uncomfortable to recover a debt when the debtor refuses to pay. In this article, we will provide information on how to begin the process of recovering a debt in Poland, whether the cause of the debt is located in Poland or abroad. It will include legal procedures, documents needed and information on choosing the debt collector. There will be a follow-up article as well, describing how debt collectors work.
Grounds for enforcement of the debt
To recover the debt in Poland, you need to provide a legal document. This differs, depending on the origin of the debt.
Debt from abroad
There are two documents that are considered a legit ground to recover debt in Poland.
European Payment Order (Europejski nakaz zaplaty)
The European order for payment only works when the debtor and the creditor are in different EU countries. It allows citizens and businesses to enforce uncontested payments in a simple way. If the debtor is in Poland, most of the cases should be processed by Polish court, but there are numerous exceptions to this general rule.
The European Enforcement Order (EEO)
The European Enforcement Order (EEO) is a method for enforcing foreign judgments within the European Union without the need for intermediate proceedings. It can be usually easily obtained in the court outside Poland, in the country where the case was settled. With EEO, you can go straight to the debt collector in Poland.
Debt from Poland
Writ of execution (tytul egzekucyjny)
It is easier when you have document issued in Poland, confirming that someone owes you money. Those documents are considered to be enforcement orders:
- a final or immediately enforceable judicial decision,
- a decision of a court registrar which is final or immediately enforceable,
- a decision of an arbitral tribunal or a settlement reached before such a tribunal,
- other decisions, settlements and acts which by law are enforceable by way of judicial execution
Enforcement order (tytul wykonawczy)
Before you go on with the writ of execution, it should be declared by the court as enforceable. This means that enforcement against the debtor is permissible. The declaration is issued by the court or the court registrar at the creditor’s request or ex officio.
Debt collector’s Office
Having obtained an enforcement order, you may now go to the debt collector’s office – komornik sadowy. In general, you may choose the debt collector on your own, but there are some limitations.
Territorial limits
As a general rule, a creditor may select a debt collector in the area of the Court of Appeal according to the Debtor’s residence. If you wish to pick other – make sure he is allowed to deal with cases not related to his area. You will find that information on the Court of Appeal website. There is a list of debt collectors on every Court of Appeal’s website – look for “Komornicy” in the menu. Then look for “przyjmowania przez komornika spraw z wyboru”. If you find this in the information about some debtor’s office, that means he can’t process cases from outside his area.
Goods executed
If the debt execution will be carried out on the real-estate, you may only choose the debt collector in the area of the Court of Appeal according to the real estate location.
If you are not sure where to look for debt-collector, search on this website.
